[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34577-34579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13650]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0256]
RIN 1625-AA00


Safety Zone; Ad Club's 100th Anniversary Gala Fireworks Display, 
Boston Inner Harbor, Boston, MA.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
Sector Boston's Captain of the Port (COTP) Zone for a fireworks display 
on the navigable waters of Boston Harbor in the vicinity of the Fan 
Pier, Boston, MA. This temporary safety zone is necessary to protect 
spectators and vessels from the hazards associated with the fireworks 
display. Entering into, transiting through, mooring or anchoring within 
this safety zone is prohibited unless authorized by the COTP or the 
designated on-scene representative.

DATES: This rule is effective from 8:30 p.m. until 10:30 p.m. on June 
26, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0256. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' Box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with the rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation, West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Mr. Mark Cutter, Coast Guard Sector 
Boston Waterways Management Division, telephone 617-223-4000, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because it is impracticable. The Coast Guard did 
not receive information regarding the date and scope of the event with 
sufficient time to solicit public comments before the start of the 
event. The sponsor was not aware of the requirements for submitting an 
application for a marine event, resulting in a late notification to the 
Coast Guard.

[[Page 34578]]

The sponsor is unable to reschedule this event due to the Ad Club's 
100th Anniversary Gala celebration being held at The Institute Of 
Contemporary Art in conjunction with the fireworks display. Due to the 
dangers posed by the pyrotechnics used in this fireworks display, the 
safety zone is necessary to provide for the safety of event 
participants, spectator craft, and other vessels transiting the event 
area. For the safety concerns noted, it is in the public interest to 
have these regulations in effect during the event.
    Under 5 U.S.C. 553(d)(3), for the same reasons as above, the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register because it is 
impracticable and contrary to the public interest. Any delay in the 
effective date of this rule would expose spectators, vessels and other 
property to the hazards associated with pyrotechnics used in the 
fireworks display.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C., 1231, 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 
116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to define safety 
zones.
    A fireworks display is scheduled to occur as part of the Ad Club's 
100th Anniversary Gala celebration at The Institute of Contemporary 
Art. The COTP Boston has determined that fireworks displays in close 
proximity to watercraft and waterfront structures pose a significant 
risk to public safety and property. Establishing a safety zone around 
the location of this fireworks event will help ensure the safety of 
spectators, vessels and other property and help minimize the associated 
risks.

C. Discussion of Final Rule

    This safety zone will encompass a 600-foot radius around the 
firework barge. The fireworks display will occur from approximately 9 
p.m. until 10 p.m. on June 26, 2013. To ensure public safety, the 
safety zone will be enforced immediately before, during, and after the 
fireworks launch. If the event is cancelled, then the safety zone will 
not be enforced.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) Executive Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under that Order.
    The Coast Guard has determined that this rule is not a significant 
regulatory action for the following reasons: The safety zone will be in 
effect for approximately two hours during the evening. The Coast Guard 
expects minimal adverse impact to mariners from the activation of the 
zone; this zone is located on the outer edge of the Boston Main Ship 
Channel and vessels have sufficient room to transit around the safety 
zone; and vessels may enter or pass through the affected waterway with 
the permission of the Captain of the Port (COTP) or the COTP's 
designated on-scene representative; and notification of the safety zone 
will be made to mariners through the local Notice to Mariners, 
Broadcast Notice to Mariners well in advance of the event.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule would not have a 
significant economic impact on a substantial number of small entities.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect for only two hours on a single day during the 
late evening; vessels may transit in all portions of the affected 
waterway except for those areas covered by the safety zone and vessels 
may enter or pass through the affected waterway with the permission of 
the COTP or the COTP's designated on-scene representative. Notification 
of the safety zone will be made to mariners through the Local Notice to 
Mariners, Broadcast Notice to Mariners well in advance of the event.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If you believe that this rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we

[[Page 34579]]

do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children From Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``Significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone. 
This rule is categorically excluded from further review under, 
paragraph 34(g) of figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Marine Safety, Navigation (water), Reporting and Recordkeeping 
Requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0256 to read as follows:


Sec.  165.T01-0256  Safety Zone; Ad Club's 100th Anniversary Gala 
Fireworks Display, Boston Inner Harbor, Boston, MA.

    (a) General. A temporary safety zone is established for the 
fireworks display as follows:
    (1) Location. All navigable waters from surface to bottom, within a 
600-foot radius of position 42[deg]21'25'' N, 071[deg]02'26'' W. This 
position is located approximately 1000-feet off of the Fan Pier, Boston 
Inner Harbor, Boston, MA
    (2) Definitions. For purposes of this section ``Designated on-scene 
representative'' is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the Captain of the Port Boston 
(COTP) to act on the COTP's behalf. The designated representative may 
be on an Official Patrol Vessel; Official Patrol Vessel may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP or the designated on-scene 
representative may be on shore and will communicate with vessels via 
VHF-FM radio or loudhailer. In addition, members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation.
    (3) Enforcement Period. This rule is effective and will be enforced 
from 8:30 p.m. to 10:30 p.m. on June 26, 2013.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.23, as well as the following regulations, apply.
    (2) No vessels, except for fireworks barge and accompanying 
vessels, will be allowed to enter into, transit through, or anchor 
within the safety zone without the permission of the COTP or the 
designated on-scene representative.
    (3) All persons and vessels shall comply with the instructions of 
the COTP or the designated on-scene representative. Upon being hailed 
by a U.S. Coast Guard vessel by siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.
    (4) Vessel operators desiring to enter or operate within the 
regulated area shall contact the COTP or the designated on-scene 
representative via VHF channel 16 or 617-223-3201 (Sector Boston 
command Center) to obtain permission.

    Dated: May 21, 2013.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2013-13650 Filed 6-7-13; 8:45 am]
BILLING CODE 9110-04-P